Gage v. FCI Otisville Federal Correctional Institution

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANWAR L. GAGE, Plaintiff, 22-CV-7810 (LTS) -against- ORDER OF DISMISSAL FCI OTISVILLE FEDERAL CORRECTIONAL INSTITUTION, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated September 14, 2022, the Court directed Plaintiff, within thirty days, to submit a completed prisoner authorization or pay the $402.00 in fees required to file a civil action in this court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed a prisoner authorization or paid the fees. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915. The Clerk of Court is directed to terminate all pending motions. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is further directed to enter judgment in this case. SO ORDERED. Dated: November 15, 2022 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge